Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
Effectively defending against SPB dishonesty charges can make a real difference between being terminated vs saving a state service career. CA Gov. Code sec. 19572(f) identifies dishonesty as grounds for discipline, and state agencies often argue that an employee who has been dishonest can no longer be trusted and therefore must be terminated. A recently Read More …
If you are a California state employee serving a probationary period, you do have important legal rights, which may protect you from being fired during probation. At the same time, those rights are considerably more limited than those enjoyed by employees who have successfully completed probation and obtained permanent status with the State of California Read More …
CarlHR Case No.: 22-A-0037 is a classic example of misuse of AWOL termination statute by a public agency with regard to their employee. In that case, the employee was rightfully reinstated with backpay after being wrongfully AWOL separated. In the written decision overturning the termination, the ALJ noted that imposing unreasonably strict deadlines on the Read More …
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In Perez v City of Roseville (2018), the 9th Circuit Appeal held that public employers may not take adverse action against an employee due to that employee’s constitutionally protected off-duty conduct, unless the conduct negatively impacts job performance or violates a valid, narrowly tailored regulation. Among other things, the court held that it is unlawful Read More …
California public employees, including employees of state agencies, enjoy access to the expedited mechanism of resolving work related disputed and discipline imposed on them – a Skelly hearing. Skelly hearings are conducted for variety of disciplinary reasons. These reasons range from letters of reprimand and warnings to suspension or reduction in pay, administrative leave, AWOL Read More …
In this video I discuss a common mistake that many employees make during their Skelly hearing or SPB hearing that you must avoid in order to make the best impression on your hearing officer and maximize your chances of winning.
California Government Code 8547 is the core statute that provides for whistleblower protection against retaliation for the State workers in California. The law states that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retaliation. This law covers University of California Read More …